Daniel D. Barnhizer

Michigan State University College of Law

Assistant Professor of Law

318 Law College Building

East Lansing, MI 48824-1300

United States

SCHOLARLY PAPERS

13

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CITATIONS
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11

Scholarly Papers (13)

1.

Inequality of Bargaining Power

MSU Legal Studies Research Paper No. 02-01
Number of pages: 106 Posted: 30 Jul 2004
Daniel D. Barnhizer
Michigan State University College of Law
Downloads 1,128 (17,938)

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2.

Bargaining Power in Contract Theory

VISIONS OF CONTRACT THEORY: RATIONALITY, BARGAINING AND INTERPRETATION, Larry A. DiMatteo, Robert A. Prentice, Blake D. Morant & Daniel D. Barnhizer, eds., pp. 85-148, Carolina Academic Press, 2007, MSU Legal Studies Research Paper No. 03-04
Number of pages: 63 Posted: 29 Aug 2005 Last Revised: 09 Jul 2008
Daniel D. Barnhizer
Michigan State University College of Law
Downloads 1,060 (19,698)

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3.

Cultural Narratives of the Legal Profession: Law School, Scamblogs, Hopelessness and the Rule of Law

MSU Legal Studies Research Paper No. 10-01
Number of pages: 20 Posted: 14 Feb 2012
Daniel D. Barnhizer
Michigan State University College of Law
Downloads 378 (77,153)

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scamblog, legal profession, legal education, narrative

4.

Myth, Magic and Mystery: Defending the Hidden Order of the Rule of Law

Cleveland-Marshall Legal Studies Paper No. 07-149
Number of pages: 92 Posted: 18 Oct 2007
David Barnhizer and Daniel D. Barnhizer
Cleveland-Marshall College of Law, Cleveland State University and Michigan State University College of Law
Downloads 261 (116,156)
Citation 2

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Rule of Law, natural law, divine law, postmodernism, Aristotle, law as umpire, Deism and God, Intelligent Design and Darwin, Rule of Law as a "Hidden Order", law as the language of power, noncumulative knowledge and law, hypocrisy and self-deception, religion and natural law as the sources of value

5.

Power, Inequality and the Bargain: The Role of Bargaining Power in the Law of Contract - Symposium Introduction

Michigan State Law Review, p. 841, 2006, MSU Legal Studies Research Paper No. 04-28
Number of pages: 12 Posted: 28 Apr 2007
Daniel D. Barnhizer
Michigan State University College of Law
Downloads 210 (144,131)

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Slawson, Morant, DiMatteo, Arnow-Richman, Bridgeman, Hogg, bargaining power, contracts, unconscionability, BDT, behavioral decision theory

6.

The Best and Worst of Contracts Decisions: An Anthology

45 Fla. St. U. L. Rev. 889-1022 (2018)., California Western School of Law Research Paper No. 19-2, Southwestern Law School Research Paper No. 2019/04, Marquette Law School Legal Studies Paper No. 19-08
Posted: 13 Feb 2019 Last Revised: 09 Aug 2019
Michigan State University College of Law, Gonzaga University School of Law, Arizona State University (ASU) - Sandra Day O'Connor College of Law, Ohio State University - Moritz College of Law, Marquette University - Law School, University of Central Florida, University of Florida - Levin College of Law, Southwestern Law School, University of the Pacific - McGeorge School of Law, Barry University School of Law, Touro College - Jacob D. Fuchsberg Law Center, South Texas College of Law Houston, University of Denver Sturm College of Law, South Texas College of Law Houston, University of California, Berkeley - School of Law, University of Arizona, James E. Rogers College of Law, California Western School of Law, William & Mary Law School, South Texas College of Law Houston and Brigham Young University - J. Reuben Clark Law School
Downloads 193 (156,016)

Abstract:

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Contracts, Contract Law

7.

Gun Control Hysteria

Cleveland-Marshall Legal Studies Paper No. 295
Number of pages: 23 Posted: 10 Mar 2016
David Barnhizer and Daniel D. Barnhizer
Cleveland-Marshall College of Law, Cleveland State University and Michigan State University College of Law
Downloads 164 (180,255)

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gun control, anti-gun, regulation, gun regulation, self-defense, Second Amendment, District of Columbia v. Heller, McDonald v. City of Chicago, militia, defense of community, ISIS, al-Qaeda, threat risk, original intent, “living” Constitution, right to bear arms, Liberty, tyranny of the majority

8.

Givings Recapture: Funding Public Acquisition of Private Property Interests on the Coasts

Harvard Environmental Law Review, Vol. 27, p. 295, 2003
Number of pages: 82 Posted: 26 Aug 2003
Daniel D. Barnhizer
Michigan State University College of Law
Downloads 143 (202,033)
Citation 1

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9.

Political Economy, Capitalism and the Rule of Law

Cleveland-Marshall Legal Studies Paper No. 292
Number of pages: 36 Posted: 17 Jan 2016
David Barnhizer and Daniel D. Barnhizer
Cleveland-Marshall College of Law, Cleveland State University and Michigan State University College of Law
Downloads 132 (215,550)
Citation 2

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Austrian School economics, Rule of Law, Weber, Hayek, rules and institutions, power, Kondratiev Waves, crony capitalism, role of government, relationship between economic forms and the Rule of Law, public and private institutions, legal rules, customary rules and institutional scale

10.

Propertization Metaphors for Bargaining Power and Control of the Self in the Information Age

Cleveland State Law Review, Vol. 54, 2006, MSU Legal Studies Research Paper No. 04-26
Number of pages: 46 Posted: 30 Apr 2007
Daniel D. Barnhizer
Michigan State University College of Law
Downloads 118 (234,682)

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Radin, contracts, bargaining power, propertization, privacy

Contracts and Automation: Exploring the Normativity of Automation in the Context of U.S. Contract Law and E.U. Consumer Protection Directives

Number of pages: 31 Posted: 02 Dec 2016
Daniel D. Barnhizer
Michigan State University College of Law
Downloads 62 (353,704)

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Contract Automation; Unconscionability; Consumer Protection; Dispute Resolution

Contracts and Automation: Exploring the Normativity of Automation in the Context of U.S. Contract Law and E.U. Consumer Protection Directives

Yearbook of Antitrust and Regulatory Studies, Vol. 9(14), p.15-42, 2016
Number of pages: 28 Posted: 07 Aug 2017
Daniel D. Barnhizer
Michigan State University College of Law
Downloads 15 (569,377)

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Contract Automation; Unconscionability; Consumer Protection; Dispute Resolution

12.

Context as Power: Defining the Field of Battle for Advantage in Contractual Interactions

Wake Forest Law Review, Forthcoming, MSU Legal Studies Research Paper No. 8-13
Number of pages: 36 Posted: 24 Jun 2010
Daniel D. Barnhizer
Michigan State University College of Law
Downloads 63 (346,161)

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Contracts, Contextualism, Bargaining Power

13.

The Decay of the 'Myth' of the American Rule of Law

Hypocrisy & Myth: The Hidden Order of the Rule of Law, 2019
Number of pages: 11 Posted: 20 Jan 2019
David Barnhizer and Daniel D. Barnhizer
Cleveland-Marshall College of Law, Cleveland State University and Michigan State University College of Law
Downloads 36 (438,248)

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“Rule of Law”, Jurisprudence, Philosophy, Classical Liberalism, “Tragedy of the Commons”, NIMBY, “National Debt”, Alinsky, “Western Culture”